Sunday, June 24, 2012

Registration is Laborous

Labor is defined as work of any type, including mental exertion. Black's Law, 7th Edition.

The subject registration laws impose a duty on the targeted individual to leave his home or immediate vicinity and travel to a government data bank to supply the data bank with valuable data, remain vigilant over that data to determine any material change and timely return to report any such change in order to keep the data current within a [48] hour margin of error, for a term of years or for life, by threat of death or imprisonment. NRS 179C.010 et seq; NRS 179D.010 et seq. 

Submission to a show of authority is a seizure of the person under the 4th Amendment. California v. Hodari, 499 US 621, 627 (1991); Brown v. Texas, 443 US 47, 51 (1979); Dunaway v. New York, 442 US 200 (1979). Yet the individual registrant is neither reimbursed for his out of pocket expenses nor paid the fair valuable of his or her service which evinces an intent to injure.

Compliance requires time off work and the expense and effort of travel to the local data bank where the target must remain while finger prints, photographs and other information is forcibly extracted. This is8 an infringement of personal liberty and locomotion identicle to formal arrest (walk through). The individual can only leave with a lingering obligation to return again and again -- much like returning for court dates -- to report any changes to the supplied data. Wrecking, buying, selling or renting a car requires more time off work and a return trip to the data bank to report those changes. Changing jobs or place of residence is equally burdensome. The more active an individual the more expensive registration becomes. A march from Los Angeles to Washington in protest would result in harassment, conviction and imprisonment, as would a mere hike from Las Vegas to Phoenix. Residing farther than a [48] hour walk to the nearest data bank would result in those same punishments of liberty and locomotion. The targeted citizen is thus seized and held in custody --- transformed into a delivery man or courier, non-subpoenaed witness, clerk and assistant website manager all for the benefit an upper class -- without reciprocal benefit to the targeted individuals.

This seizure of the person is NOT justified because only the Judicial branch of government can impose servitude against a citizen and only then as a punishment for crime of which the accused has been duly convicted. US Const 13.

The legislatures determination of who is a Tier 3 offender and must register for life rather than a fixed term of years clearly imposed burdens others need not endure. Punishment!

Registration is not a general duty shared by all. It does not arise from citizenship, residence, the 'social compact' or trinoda necesitas. It was triggered by a legislative application of federal law (SORNA) to state facts (criminal statutes) for the selective imposition of SORNA's graduated terms of servitude which was a legislative trial in its simplest terms.

Got public defender?

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.  US Const Amend IV.

The constructive impingement of liberty involved in the matter at hand parallels formal arrest, the impairments of liberty in the asportations prohibited by 18 USC 120118 USC  1584 and 18 USC 1589, as more fully described above. This constructive seizure of the person was not followed by the timely judicial check required by Gerstein v. Pugh, 420 US 103 (1975) and Berger v. New York, 388 US 41 (1967). "A person [ ] seized by the police [is] thus entitled to challenge the government’s action under the Fourth Amendment [ ]." Brendlin v. California, 551 US 249 (2007). See also Frank's v. Delaware, 438 US 154 (1979); Douglas v. California, 372 US 353 (1963) (indigent counsel on first appeal).

The seizure here represents an extinction of the subject's 1st, 2nd, 4th, 5th, 6th, 9th, 13th and 14th Amendment rights --- Outlawry; replacing the judicial finding of probable cause requirement with a legislative reasonableness standard to forge a legislative adjudication --- a constitutional Frankenstein at the heart of Attainder and prohibited by separation of powers. Nev Const Art 3 Sec 1.

Without a recognized exception to the warrant requirement, any seizure of the person is per se unreasonable. Payton v. New York, 445 573 (1980). Admittedly for effectuating a civil duty, the 13th Amendment bars an exception for that seizure now because, although punishment per se, it is NOT a punishment for crime!

Reliance on convicted rather than the 13th Amendment's duly convicted standard is a deficient, unreasonable, rubber stamp substitute for, and reckless disregard of, exclusively judicial determinations of what lawfully is or was due in a Constitutional circumstance. Johnson v. United States, 333 US 10 (1947). Just who they think they are is simply mind boggling.

Seized by the Queen herself, unchecked will, her magistys guards directly, defiance of the Kings justice, tarrif on liberty, easement, covenant and profit, taxation without representation, drug from the countryside, through briar and brush, for the meager contents of my pockets, the gold in my teeth, the content of my soul, enslaved spectacle for the masses, appeasement of a vintictve  and malicious heart.

Got Warrant?